TERMS OF SERVICE
A Women’s Place Network, Inc. dba Affiliated Women International (AWI) Acceptable Use Policy and Terms of Service
Throughout the Acceptable Use Policy and Terms of Service, A Women’s Place Network, Inc. dba Affiliated Women International, is represented by the term AWI Neighborhood Boutiques.
As a member of the AWI Neighborhood Boutiques community, you agree not to engage in activity or behavior that:
- Is sexually explicit, suggestive, or pornographic;
- Creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, another person, or any animal;
- Creates a risk of any other loss or damage to any person or property;
- Seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or communicating with them inappropriately;
- Violates, or encourages any conduct that violates, laws or regulations;
- Contains any information or content deemed hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- Contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
- Infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
- Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (including but not limited to photographs, images, graphs, and content depicted in any written, drawn, or other form that is owned under license and/or copyright by any individual(s), organization, corporation, or entity permitted to own such license and/or copyright);
- Is fraudulent, false, misleading, or deceptive.
You agree to not engage in any of the following prohibited activities:
- Use, display, mirror, or frame the Service, any individual element within the Service, the AWI Neighborhood Boutiques name, trademark, logo, or other proprietary information, or the layout and design of any page, without our express written consent;
- Access, tamper with, or use nonpublic areas of the Service, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any AWI Neighborhood Boutiques system or network, or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by AWI Neighborhood Boutiques, any providers, or other third party (including users) to protect the Services or AWI Neighborhood Boutiques Content;
- Attempt to access or search the Services, User Content, or AWI Neighborhood Boutiques Content, or scrape or download User Content or AWI Neighborhood Boutiques Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device, or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by AWI Neighborhood Boutiques or other generally available third party web browsers;
- Send any unsolicited or unauthorized spam, spam comments, advertising messages, promotional materials, email, junk mail, chain letters, or other form of solicitation;
- Use any metatags, other hidden text, or metadata utilizing an AWI Neighborhood Boutiques or AWI Neighborhood Boutiques trademark, logo, URL, or product name without AWI Neighborhood Boutiques’ express written consent;
- Use the Service for any commercial purpose or benefit of any third party, in any manner not permitted by the Terms except as otherwise explicitly permitted for you by AWI Neighborhood Boutiques;
- Use AWI Neighborhood Boutiques’ user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person and/or business entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.
AWI Neighborhood Boutiques and/or its parent company reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that AWI Neighborhood Boutiques believes violates this Acceptable Use Policy and Terms of Service. AWI Neighborhood Boutiques may also temporarily or permanently terminate or suspend a User Account without notice and liability for any reason, including if, in AWI Neighborhood Boutiques’ sole determination, a User violates any provision of this Acceptable Use Policy, Terms of Service, or for no reason.
You agree to provide the following:
- A valid shopping cart and/or active online payment source, i.e. PayPal, Google Checkout, if you want to sell products and/or services from your Neighborhood Boutiques site, as part of your membership in AWI;
- Maintain an active account with your chosen shopping cart and/or online payment source at all times while a member of AWI Neighborhood Boutiques.
This policy is published so you know what information we collect, how we use it, and what choices you have regarding your information. As an internet-based operation, some of the items may be a bit technical, though we try to use simple language and terms to avoid confusion. We welcome your questions and comments on this policy.
What Information We Collect and How We Collect It
AWI Neighborhood Boutiques collects information in two ways:
- When you give it to us or give us permission to obtain it.
When you sign up for or use our services, you voluntarily give us certain information. This can include your name, profile photo, pins, comments, likes, email address, and any other information you provide us. If you’re using AWI Neighborhood Boutiques on your mobile device, you can also choose to provide us with location data.
You also may give us permission to access your information in other services. For example, you may link your Facebook or Twitter account to AWI Neighborhood Boutiques which allows us to obtain information from those accounts (e.g., your friends or contacts). The information we obtain from those services often depends on your settings or their privacy policies, so be sure to check what those are.
- When you use our products and/or services.
When you use a website, mobile application, or other Internet service, there’s certain information that’s created and recorded in an automated way. The same is true when you use AWI Neighborhood Boutiques products and/or services. Here are some of the types of information we collect in this way.
Log Data. When you use AWI Neighborhood Boutiques, our servers automatically record information about your interaction with our products, services, or any of the member boutique shops (“log data”). This includes information your browser sends whenever you visit a website or your mobile app sends when you use it to access AWI Neighborhood Boutiques. This log data may include your Internet Protocol (IP) address, the address of the web page you were visiting before you came to AWI Neighborhood Boutiques, browser type and settings, the date and time of your request, and how you used AWI Neighborhood Boutiques.
Device Information. In addition to log data, we may also collect information about the device you’re using AWI Neighborhood Boutiques on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or Android phone. To learn more about what information your device makes available to us, please check the policies of your device manufacturer or software provider.
How We Use Collected Information
We use the information we collect to:
- Provide the products and/or services to you;
- Improve our products and services;
- Develop new products;
- Protect AWI Neighborhood Boutiques and our users;
- Offer customized content and/or products and specialized services;
- Send updates (such as when certain activities are planned or scheduled), newsletters, marketing materials and other information that may be of interest to you;
- Respond to your questions or comments.
The information we collect may be “personally identifiable” (meaning it can be used to specifically identify you as a unique person) or “non-personally identifiable” (meaning it can’t be used to specifically identify you). We use both types of information, and combinations of both types, as described above. We may use or store information wherever AWI Neighborhood Boutiques does business, including countries outside your own.
Your Choices about Your Information
Our goal is to give you simple and meaningful choices over your information. If you have an AWI Neighborhood Boutiques membership, many of the choices you have on AWI Neighborhood Boutiques are built directly into the product and/or services or your account settings.
For example, you can:
- Access and change information in your profile page at any time, and choose whether your profile page is available to search engines;
- Change notification and email settings;
- Link or unlink your AWI Neighborhood Boutiques mini-site account from an account on another service (e.g., Facebook or Twitter). For some services, you can also choose whether or not to publish your activity on Neighborhood Boutiques to that service;
- Close your account at any time. When you close your account, we’ll deactivate it and remove all your information from AWI Neighborhood Boutiques. We may retain archived copies of your information as required by law or for legitimate business purposes (including helping to address fraud and/or spam concerns).
In addition to the examples above, we offer other choices that you can learn more about in our Help Center. You may have choices available to you through the device or software you use to access AWI Neighborhood Boutiques. To learn more about these, see the information provided by the device or software provider.
TERMS OF SERVICE
AWI Neighborhood Boutiques products and services are provided by A Women’s Place Network, Inc, doing business as (dba) Affiliated Women International™.
These Terms of Service (“Terms”) govern your access to and use of the AWI Neighborhood Boutiques website, products, and/or services. Please read these Terms carefully and contact us if you have any questions. By accessing or using products and/or services as part of the AWI Neighborhood Boutiques community, you agree to be bound by our Acceptable Use Policy and these Terms.
Using AWI Neighborhood Boutiques
You can use AWI Neighborhood Boutiques products and/or services when you guarantee the following:
- Are a female 18 years of age or older;
- Own your own business or are a major or equal shareowner or partner in a business;
- Are an Independent Business Owner (IBO) with a direct sales and/or MLM company whose terms of ownership permit participation on the AWI Neighborhood Boutiques website. If in doubt, check with your company’s legal department;
- Can form a binding contract with A Women’s Place Network, Inc. dba Affiliated Women International™, and only in compliance with these Terms and all applicable laws.
- Can provide accurate and complete information.
- Agree that we may automatically upgrade products and/or services, and these Terms will apply to such upgrades.
- Our License to You
Subject to these Terms and our policies (including our Acceptable Use Policy), we grant you a limited, non-exclusive, non-transferable, and a revocable license to use our products and/or services.
- Your Content
AWI Neighborhood Boutiques allows you to post content, including photos, comments, and other materials on a micro-website called a Boutique site on www.NeighborhoodBoutiques.com powered by Affiliated Women International™. Anything that you post or otherwise make available on our products and/or services is referred to as “User Content”. You retain all rights in, and are solely responsible for the User Content you post to AWI Neighborhood Boutiques.
How AWI Neighborhood Boutiques and Other Users Can Use Your Content
You grant AWI Neighborhood Boutiques and it’s users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on AWI Neighborhood Boutiques solely for the purposes of operating, developing, providing, and using the AWI Neighborhood Boutiques products and/or services. Nothing in these Terms shall restrict other legal rights AWI Neighborhood Boutiques may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
How Long AWI Neighborhood Boutiques Keeps Your Content
Following termination or deactivation of your account, or if you remove any User Content from AWI Neighborhood Boutiques, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes.
Feedback You Provide
If you choose to submit comments, ideas, or feedback, you agree that AWI Neighboorhood Boutiques is free to use them without any restriction or compensation to you. By accepting your submission, AWI Neighborhood Boutiques does not waive any rights to use similar or related feedback previously known to AWI Neighborhood Boutiques, or developed by its partners, independent contractors and/or employees, or obtained from sources other than you.
- Copyright Policy
AWI Neighborhood Boutiques has adopted and implemented the AWI Neighborhood Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.
AWI Neighborhood Boutiques cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
- Third-Party Links, Sites, and Services
Our products and/or services may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by AWI Neighborhood Boutiques. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from AWI Neighborhood Boutiques, you do so at your own risk and you agree that AWI Neighborhood Boutiques will have no liability arising from your use of or access to any third-party website, service, or content.
Equally, AWI Neighborhood Boutiques does not endorse or assume any responsibility for products and/or services purchased from any of our individual AWI Neighborhood Boutique e-commerce stores. If you purchase products and/or services from any of the individual AWI Neighborhood Boutique e-commerce stores, you do so at your own risk and agree that AWI Neighborhood Boutiques will have no liability arising from your use of, access to or purchase from any individual AWI Neighborhood Boutique e-commerce stores.
AWI Neighborhood Boutiques may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
If you use our products and/or services for any purposes in violation of our Acceptable Use Policy and/or Terms of Service as determined in our sole and absolute discretion, you agree to indemnify and hold harmless A Women’s Place Network, Inc, its officers, directors, partners, employees, and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.
The products and/or services and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
AWI NEIGHBORHOOD BOUTIQUES SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
AWI Neighborhood Boutiques takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our products and/or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
At no time shall AWI Neighborhood Boutiques take payment, in any form, for products and/or services purchased by visitors, account holders and/or individual Boutique e-commerce store owners. Any and all products and/or services purchased by visitors, account holders and/or individual Boutique e-commerce store owners are transactions and payments between the purchaser and seller. AWI Neighborhood Boutiques takes no responsibility and assumes no liability for transactions and payments completed between purchaser and seller.
Equally, at no time shall AWI Neighborhood Boutiques take all or a percentage of an AWI Neighborhood Boutique e-commerce store owners revenue acquired from sales to third party providers, including site visitors, account holders and any/all other AWI Neighborhood Boutique e-commerce store owners.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AWI NEIGHBORHOOD BOUTIQUES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL AWI NEIGHBORHOOD BOUTIQUE’S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with AWI Neighborhood Boutiques, you agree to first contact us and attempt to resolve the dispute with us informally. If AWI Neighborhood Boutiques has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and AWI Neighborhood Boutiques agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that AWI Neighborhood Boutiques will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $15,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AWI NEIGHBORHOOD BOUTIQUES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Indiana, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Fayette County, Indiana or the United States District Court for the Southern District, Indiana for any actions not subject to Section 10 (Arbitration).
- General Terms
Notification Procedures and changes to these Terms. AWI Neighborhood Boutiques reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the products and/or services provided by AWI Neighborhood Boutiques after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products and/or Services.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AWI Neighborhood Boutiques without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.